C.B. Mtg. #12 Reg. Mtg. #12 December 6, 2005 7:00 PM Page 1
Minutes of the December 6, 2005 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Second Floor Conference Room, 4295 South Buffalo Street, Orchard Park, New York at 7:00 PM. Present were the following:
MEMBERS PRESENT: James Loesch, Chairman
Ann Bergantz
Frank Newton
Richard Schechter
George Schichtel
David Ward
EXCUSED: Thomas Jaeger
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
John Hakes, Southtowns Citizen
Nan Ackerman, Councilman
Frank Brzezinski, landscape architect
Robert Conway, architect
Richard Brox, landscape architect
Haley Hartmans, high school government student
Chairman Loesch called the meeting to order at 7:00 p.m. by stating that any person before this Board who is a relative of, or who has a financial or business relationship with, any officer or employee of the Town of Orchard park must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
APPROVAL OF MINUTES:
A MOTION was made by Mr. Schechter, seconded by Mr. Newton, to ACCEPT the minutes of the November 1, 2005 meeting.
THE MOTION WAS UNANIMOUSLY APPROVED.
1. C.B. File #34-05, Avis Rent a Car, 6494 Lake Avenue, Zoned B-2. Requesting a Change in Use from retail use to car rental business. Town Board referred to Planning Board on 12/7/05.
Date of Plan: 12/2/05
Landscape Architect: Frank Brzezinski
Plan Number: L-1
Date Plan Received: 12/2/05
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Mr. Brzezinski explained that the property in question is located at the corner of Lake Avenue and Orchard Park Road and is currently vacant. Avis is proposing to locate a car rental business at this location. He further stated that the site is virtually all paved except for one small rectangular lawn area along Lake Avenue and he feels that the only opportunity to landscape is to enhance the existing green area. He is proposing to install two Cleveland Select Pear trees in that green area to add to the four existing Burning Bush shrubs. In addition, he is proposing to install four planter boxes for seasonal color.
Mr. Schichtel commented that this property is similar to one on the corner of Webster Road and North Buffalo Road the Conservation Board dealt with recently, in that it is a very visible site and the Board has one opportunity to improve the looks of the site. He wondered if there is any area along Orchard Park Road where the petitioner would agree to install a green area, perhaps the size of one parking space, and in return the petitioner could add a parking space on the south side of the building where a concrete pad now exists. Therefore, there would no net loss of parking spaces, but the site would be enhanced somewhat along Orchard Park Road.
Mr. Brzezinski responded that he has no problem with Mr. Schichtel’s proposal other than a concern for the amount of salt the area of the property along Orchard Park Road receives in the winter months. He further stated that he does not believe evergreens would live in those conditions and that a deciduous tree with shrubs would probably do best. Mr. Schichtel commented that that side of Orchard Park Road is a bit less damaged by salt than the opposite side of the road is.
Mr. Loesch stated that the Board might decide to table this case until after the Planning Board weighs in with its decision relative to the Change in Use because the Conservation Board would not want the petitioner to incur additional costs to change the landscape plan if the Planning Board does not favor the idea of a rental car business on that corner. In this way, if the Planning Board recommends the Change in Use, the Conservation Board would relay its feelings relative to the addition of green space in the parking area.
Mr. Schechter and Mr. Ward agreed with Mr. Schichtel’s idea of adding green space to the parking area along Orchard Park Road in exchange for adding a parking space near the building.
Mrs. Bergantz noted that there may be underground utility easements in the area where the Board would like a green area and the Board agreed that if a revised landscape plan is presented, those easements should be shown on the plan.
Mrs. Bergantz made a MOTION, seconded by Mr. Schechter to TABLE this request until the Planning Board recommends approval of the proposed Change in Use. Additionally, if a revised landscape plan is presented, it should include locations of all utility poles and underground easement, etc., as well as a green area along Orchard Park Road as discussed at this meeting.
THE MOTION WAS UNANIMOUSLY APPROVED.
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2. C.B. File #32-05, Eastco Multi-Media Solutions, Inc., 3646 California Road, Zoned I-1. Requesting a Building Permit to construct a 14,200 sq.ft. addition to an existing building in two phases. Town Board referred to Planning Board on 11/16/05.
Landscape Architect: Dean Gowan
Plan Number: L-1
Date of Plan: 11/22/05
Date Plan Received: 11/28/05
Robert Conway, architect for the project, explained to the Board that the landscape architect had a conflict and could not be present. He stated that this is a light industrial manufacturing facility that would like to build a two-phased expansion with 6,000 sq.ft. initially and 8,200 sq.ft. at a later date, which would maximize the site. He further explained that a Smokes Creek tributary runs along the south property line and one third of the site is occupied by a ravine associated with the creek. Additionally, the proposal involves forty new parking spaces and emphasis is being placed on enhancing the entrance from California Road with new plantings, as well as adding to the existing evergreens throughout the site.
Mr. Schichtel asked Mr. Conway to comment on the Department of Environmental Conservation’s letter regarding the possible existence of an endangered fern. Mr. Conway replied that the petitioner had just been made aware of this concern recently and he believes that if the fern exists on the site, it probably would be in the ravine, since it supposedly is found in wet wooded areas. Additionally, because this concern was not raised when the existing building was built, it may be that the fern was disturbed in the initial construction process many years ago. He added that he needs direction from the Conservation Board regarding how to handle this issue.
Mr. Schichtel complimented Mr. Conway on the plant selection and the landscape plan itself.
Mr. Ward commented that the issue with the fern will have to be resolved with the D.E.C.
Mr. Conway stated that the petitioner may ask an ecological firm such as Earth Dimensions to delineate the site and locate the fern, if it exists. Mr. Loesch commented that he feels that would be a good place to start.
There was a lengthy discussion regarding how far from the top of the ravine the proposed construction will be. It was determined that a silt fence will be required during construction, as shown on plan C3 (Erosion Control Plan) to limit disturbance to the existing plant material in the ravine.
Mr. Schechter made a MOTION, seconded by Mr. Ward, to APPROVE the landscape plan as presented on the condition that the Department of Environmental Conservation’s issues regarding the blunt lobed fern are resolved. A Landscape Completion Bond in the amount of $19,000 or a certified check for 1/2 the amount of the landscaping ($9,500) is to be presented to the Town Clerk prior to receipt of a building permit. Conservation Board approval is contingent upon Engineering
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Department acceptance of the drainage plan. All lighting is to be directed downward and toward the site and any dumpsters are to be screened.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File #33-05, The Wesleyan Church of Orchard Park, 7295 Ellicott Road, Zoned R-1. Requesting a Building Permit to construct an 8,500 sq.ft. sanctuary addition to the existing church building. Town Board referred to Planning Board on 11/16/05.
Landscape Architect: Richard Brox
Plan Number: L-101
Date of Plan: 11/1/05
Date Plan Received: 11/1/05
Richard Brox, landscape architect, explained the project to the Board. He stated that the plan is to redo the church’s main driveway and add a building and additional parking to the property. He further explained that he is proposing to install trees in the parking lot, some entrance trees and crabapples and evergreens around the buildings for color and texture to go with the new construction. All parking will be located behind the building.
Mr. Schichtel questioned the selection of Tilia Americana rather than Cordata Greenspire, as Americana is not usually commercially available. It was agreed that the landscape plan will show Tilia Cordata Greenspire instead of Tilia Americana. In addition, Mr. Schichtel expressed concern regarding the number of Japenese Yew proposed, as they tend to get decimated by deer. It was agreed that Boxwood will replace the 15 Taxus Cuspidata and 5 Taxus Media Hicksii.
The rest of the Conservation Board was in agreement with the species changes.
Mr. Schichtel made a MOTION, seconded by Mr. Newton, to accept the landscape plan as presented with the changes as noted on the landscape plan. A Landscape Completion Bond in the amount of $24,195.00 or a certified check for 1/2 the amount of the landscaping ($12,097.50) is to be presented to the Town Clerk prior to receipt of a building permit. Conservation Board approval is contingent upon Engineering Department acceptance of the drainage plan. All lighting is to be directed downward and toward the site and any dumpsters are to be screened.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS
1. Conservation Easement request – James & Dolores Leith, vacant land, west side of Scherff Road, south of Gartman Road. Requesting a 50-year conservation easement on 6.2 acres. Tabled by the Conservation Board on 11/1/05.
Mrs. desJardins explained that the map she generated of this property does not show much more than the maps previously generated. There are no wetlands on the site of any kind, although the map does show potentially hydric soils.
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Mrs. Bergantz stated that the petitioner is requesting 6.2 acres be placed in the conservation easement. She would like a 50-foot buffer to be included in the easement along the east side of the creek that runs through the property. Mrs. desJardins will speak to the petitioner and see if he would be willing to include the buffer area.
Mrs. Bergantz made a MOTION, seconded by Mr. Schechter to TABLE this request pending discussion with the petitioner regarding a 50-foot buffer on the east side of the creek.
2. Conservation Easement request – Cheryl Lewis, vacant land, south side of Newton Road. Requesting that the existing ten-year conservation easement on 31.3 acres of land be amended to a 15 to 29 year conservation easement on 29.3 acres of vacant land. Tabled by the Conservation Board on 11/1/05.
The Board discussed the fact that the petitioner is requesting that the length of time of the easement be extended and that the amount of acreage in the easement be reduced. Mr. Schechter stated that he does not think that extending the length of the easement would be a problem, but that reducing the acreage in that easement would be. He further stated that in his opinion the language of the Town Code regarding easements states that if there is a violation or if the easement is cancelled, and the only way to reduce the number of acres in the easement is to cancel it and petition for a new easement, then the owner of the property must pay a penalty. He feels that simply approving this change in the amount of land in the easement would open up a “pandora’s box” for easements subsequent to this and that there is no provision for modifications to an existing easement.
The Board discussed the possibility of a penalty having to be imposed on the two acres the petitioner wants to take out of the easement. It was agreed that the Planning Coordinator will speak with the Assessor and ask him to do a cost-benefit analysis for the petitioner regarding the difference between paying the small penalty now for reducing the number of acres in the easement versus leaving the entire 31 acres in the longer easement.
Mr. Schechter made a MOTION, seconded by Mrs. Bergantz to TABLE this request pending discussion with the Town Assessor.
THE MOTION WAS UNANIMOUSLY APPROVED.
With no other business to be presented to the Board at this time, the meeting was adjourned at 7:50 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Sarah K. desJardins
Planning Coordinator
James Loesch
Chairman